Missouri Attorney General Opinions

Opinion letter to The Honorable Mike Lybyer .

Opinion letter to The Honorable D. Blunt.

Opinion letter to The Honorable D. Blunt.

Section 165.051, RSMo, as amended by House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 581, General Assembly, Second Regular Session (1992), authorizes a Missouri school district to invest certain surplus funds in bank repurchase agreements as described in Article IV, Section 15, of the Constitution of Missouri and Section 30.260, RSMo Supp.1991.

The offices of treasurer of an ambulance district and county public administrator are not incompatible and one person may hold both offices at the same time.

(1) The recorders fund authorized under Section 59.319, RSMo Supp.1991, should be maintained as a separate fund by the county treasurer in the county treasury, and (2) the county commission is not authorized to budget less to the county recorder of deeds for record storage, microfilming and preservation than the funds available in the recorders fund.

Opinion letter to The Honorable D. Blunt.

The City of St. Charles may not impose a band tax pursuant to Section 71.640, RSMo 1986, without voter approval.

The mayor of a fourth class city may not collect, in addition to his salary as mayor, an hourly payment for work for the city on government grants; on street projects; supervising park improvements, road improvements and repairs; and supervising improvements on the city's water and sewer facilities.

For purposes of Section 610.021(3) and (13), RSMo Supp.1991, (1) the elected mayor and elected city council members, whether paid or not paid, are not employees of the city; (2) the city clerk and finance director, who are appointed by the mayor and/or city council and are paid, are employees; and (3) the members of committees and citizen boards, who are appointed by the mayor and/or city council and are not paid, are not employees.

A first class county having a charter form of government and not containing any part of a city of 350,000 inhabitants is not authorized to levy a tax pursuant to Sections 205.971 and 205.972, RSMo Supp.1991, in excess of twenty cents per each one hundred dollars assessed valuation even if such county had a higher tax rate prior to the adoption of the charter.

Sections 92.325 to 92.340, RSMo Supp.1991, do not authorize the City of Kansas City to impose the convention and tourism tax on taverns which sell only alcoholic beverages.

Sections 99.132 and 99.134, RSMo Supp.1991, do not now apply to the City of Kansas City.

Opinion letter to Carl M. Koupal , Jr.

A third class county is not authorized to levy a county sales tax with the revenue from the sales tax to be distributed to school districts.

(1) All moneys of a city hospital established pursuant to Sections 96.150 to 96.228, RSMo, generated from taxes, donations and from any other source are to be deposited in the city treasury to the credit of a separate fund established for the facility and (2) the depositary for the facility fund is to be selected by the city in accordance with Sections 95.280 and 95.285, RSMo 1986.

Under Section 321.200, RSMo Supp.1991, and Section 321.220, RSMo Supp.1991, a board of directors of a fire protection district is not authorized to contract with the fire chief for the fire chief to hire, discharge or suspend employees.

If an incumbent state senator vacates office after the filing of the apportionment plan and map but before the end of his term, the election to fill the vacancy is held within the boundaries composing the senatorial district at the time of the next preceding general election.

(1) Vending facility managers of the Division of Family Services/Bureau for the Blind are employees of the state for workers' compensation purposes; and (2) employees of vending facility managers are employees of the state for workers' compensation purposes.

The first reversion to the general revenue fund of the state pursuant to Section 640.220.2, RSMo Supp.1990, shall be at June 30, 1993, and the amount of such reversion shall be the "unexpended balance in the subaccounts of the natural resources protection fund that exceeds" the collections for the biennium July 1, 1991 to June 30, 1993.

Opinion letter to The Honorable Thomas P. Stoff .

Opinion letter to The Honorable Don Steen .

Opinion letter to John J. Jackson.

The prosecuting attorney and sheriff of a third class county are not authorized to maintain a bank account for law enforcement purposes separate from the county treasury.

(1) The fiscal note required by Section 536.200, RSMo Supp.1991, and Section 536.205, RSMo 1986, is to only include the estimated cost attributable to the proposed rulemaking and is not to include the estimated cost attributable to the legislation which the proposed rulemaking implements, and (2) compliance with Sections 536.200 and 536.205 is required even if the proposed rulemaking results from a court decision.

A six-director school district can submit to its voters at the same election the question of annexation as provided in Section 162.441, RSMo 1986, and the question of a tax rate increase pursuant to Sections 164.021 and 164.031, RSMo 1986.

A promotional plan where a manufacturer of merchandise conducts a drawing of product registration cards for a prize when such cards may only be obtained by the purchase of merchandise is a lottery as the term is used in Article , Section 39(9) of the Missouri Constitution and Section 572.010(7), RSMo 1986.

Opinion letter to Bob Oberlazek

Opinion letter to Michael W. Bradley

Pursuant to Section 302.775(3), RSMo Supp. 1990, individuals driving emergency vehicles or fire equipment necessary to the preservation of life or property or the execution of emergency governmental functions are exempt from obtaining commercial driver's licenses while driving such vehicles both to and from emergency situations.

Employees of a utility company who occasionally drive one-ton crew cab trucks and 24,000 lb. stake bed trucks in which tools, equipment and employees are transported and who, at other times in the course of their employment, drive passenger cars or pickup trucks, may do so with only a Class F license pursuant to Sections 302.700 to 302.780, RSMo, and 12 10-24.200.

A county commission of a third class county is not authorized under Section 137.720, RSMo Supp. 1990, or The County Budget Law, Sections 50.525 to 50.745, RSMo 1986, to designate a portion of the funds included in the budget for the assessment fund as “contingent funds,” contingent upon the assessor, six months into the fiscal year, justifying to the county commission his need for those funds.

The Director of the Department of Revenue is authorized to disclose confidential tax information to the following parties for the following purposes: 1) the State Lottery Commission in order to offset existing tax liabilities against lottery prizes in accordance with Section 313.321.6, RSMo Supp.1990; 2) the Office of Administration in order to offset pursuant to Section 140.855, RSMo 1986, existing tax liabilities against sums the state owes to vendors who have entered into contracts with the state; 3) private attorneys and/or professional collection agencies in order to collect pursuant to Section 140.850, RSMo 1986, taxes owed to the Director of Revenue; and 4) the "quick print" facility operated by the Office of Administration to the extent necessary for copying records.

Section 321.017, RSMo, as enacted by Conference Committee Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 262, General Assembly, First Regular Session (1991), does not apply during the current terms of fire protection district and ambulance district board members in office on August 28, 1991.

(1) Interest earned on the monies in the special fund required by Section 455.205.3, RSMo 1986, remains with the fund; (2) counties may not use monies in the special fund required by Section 455.205.3, RSMo 1986, for purposes other than domestic violence shelters and may not borrow from the fund for other purposes; and (3) the provision in Section 455.215.3, RSMo 1986, identifying January 1 and July 1 as the dates for a designated authority to make payments to a shelter is directory, not mandatory.

Employees of the Department of Elementary and Secondary Education and employees of the Department of Higher Education are included within the operation of Section 36.031, RSMo Supp. 1990, and are subject to the uniform classification and pay provisions in Sections 36.100, 36.110, 36.120 and 36.130, RSMo 1986, and the regulations adopted thereunder, except for; 1) employees holding those positions specified in subsection 1 of Section 36.030, RSMo Supp. 1990; however, attorneys regularly employed or appointed are not excepted pursuant to this exception, and; 2) professional staff of the Department of Elementary and Secondary Education appointed by the State Board of Education pursuant to Article IX, Section 2(b) of the Missouri Constitution.

Pursuant to Section 162.071, RSMo 1986, a school district may annex "unorganized territory" consisting of a Federal military installation and such annexation does not render a school district ineligible for state aid under Section 163.021, RSMo Supp. 1990.

The Department of Natural Resources is not authorized to spend monies generated by the Parks and Soils Sales Tax, Article IV, Section 47(a), of the Constitution of Missouri, or monies in the State Park Earnings Fund, Section 253.090, RSMo 1986, to make payments to counties and other political subdivisions in lieu of taxes on real property acquired by the Department.

A county collector is not authorized under Section 80.480, RSMo 1986, to collect current special assessments levied by a village but is authorized under Sections 140.670 and 140.680, RSMo 1986, to collect such delinquent special assessments.

The proposed price or cost of services is not to be considered in determining pursuant to Section 8.289, RSMo 1986, which architectural or engineering firms are the most highly qualified, but proposed price or cost is considered at the time of negotiation of the contract pursuant to Section 8.291, RSMo 1986.

The offices of supervisor of a levee district organized by the circuit court and county commissioner in the county where the levee district is located are not incompatible and one person may hold both offices at the same time.

1) A nursing home district is authorized under Section 198.300, RSMo, as amended by House Bill No. 450, General Assembly, First Regular Session (1991), to lease a nursing home facility within the district from a private entity and to operate such facility, and; 2) where the lease provides for a term of one year with ten successive options to renew for periods of one year and upon failure to renew at the end of any lease year is terminated, such lease does not violate the debt-limitation provisions of Article VI, Section 26 of the Constitution of Missouri and does not require approval of the voters.

1) Pursuant to Section 80.230, RSMo 1986, the chairman of the board of trustees of a village has no vote in filling a vacancy on the board except in case of a tie,; 2) a vacancy on the board of trustees can be filled by a two-to-one vote of the remaining members, excluding the chairman,; 3) pursuant to Section 80.070, RSMo 1986, a quorum of a five-member board of trustees of a village is three (3) members, and; 4) pursuant to Section 80.110, RSMo 1986, three (3) members must vote to pass an ordinance regardless of any vacancy.

Opinion letter to The Honorable D. Blunt

A city Director of Public Works must be a licensed engineer if he engages in any of the activities listed in Section 327.181, RSMo 1986, which defines practice as a professional engineer, but state statutes do not require him to be a licensed engineer if he does not engage in any such activities.

Opinion letter to The Honorable D. Blunt

In regard to an indoor swimming complex, the term “maintenance” as used in Section 184.352(9), RSMo Supp. 1990, includes janitorial personnel, security personnel used to safeguard the facility and equipment, swimming pool chemicals and repair equipment, electricity to run motors and pumps, and utility costs to dehumidify and heat the indoor swimming complex.

A county recorder of deeds should charge the four dollar ($4.00) user fee provided in Section 59.319, RSMo Supp.1990, on the recording of a marriage license.

The revenue-raising authority of subdivision trustees is not limited by Article X, Section 22 of the Missouri Constitution.

A county public administrator who began a four year term of office on January 1, 1989, who receives fees of more than $15,000 but less than $25,000, and who completes the required training is entitled to $2,000 of the $4,000 additional compensation provided in Section 473.739, RSMo Supp. 1990.